Patna High Court
Dularchand Kumar @ Dular Chand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail application is dismissed as there is no new ground and the trial is at an advanced stage involving serious offences.
Summary
The petitioner, Dularchand Kumar, sought regular bail in a case under Sections 103, 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. This was his second bail application after the High Court had earlier rejected his plea. The court noted that four of six charge‑sheet witnesses had already been examined and the trial was expected to conclude within six months, indicating an advanced stage of proceedings. The petitioner argued that he had been in judicial custody since July 2024 and that the trial was not likely to finish soon, while the State relied on a Supreme Court decision cautioning against bail in serious offences once trial has commenced. Finding no new ground for relief and observing that the case involved serious offences at an advanced trial stage, the court again denied bail and directed the lower court to expedite the trial within three months, allowing a fresh bail application thereafter.
Issues considered
- Whether bail can be granted when the trial for serious offences under the Bharatiya Nyaya Sanhita is at an advanced stage.
- Whether any new ground exists to revisit the earlier denial of bail.
- How the Supreme Court’s precedent on bail in serious offences applies to the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- serious offences
- trial delay
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80170 of 2025
Arising Out of PS. Case No.-143 Year-2024 Thana- SARMERA District- Nalanda
======================================================
Dularchand Kumar @ Dular Chand Kumar Son of Shri Kaushal Paswan R/o
Village- Jagdishpur, P.S.- Jairampur, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S. Tr.
No. 55 of 2025 arising out of Sarmera P.S. Case No. 143 of
2024 instituted for the offences under Sections 103, 238, 61(2)
& 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide order
dated 13.05.2025. passed in Cr. Misc. No. 6916 of 2025, taking
into account the fact that nature and gravity of the offence.
4. In compliance of the order dated 21.11.2025, a
report dated 18.12.2025, with regard to the present stage of trial
Patna High Court CR. MISC. No.80170 of 2025(3) dt.09-01-2026
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has been received. From perusal of the aforesaid report, it
appears that four out of six charge sheet witnesses have been
examined in this case. It is further reported that trial is likely to
be concluded within a period of six months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 16.07.2024
without any rhymes or reason. It is mainly submitted that there
is no likelihood of the trial being concluded in the near future,
hence, petitioner deserves the privilege of bail.
6. Learned APP for the State opposes the prayer for
grant of bail. Learned APP has further relied upon a decision of
the Hon’ble Apex Court reported in 2024 SCC Online SC 3539
(X. vs. State of Rajasthan & Anr.), wherein in paragraph No.14,
Hon’ble Apex Court has observed as under:
“14. Ordinarily in
serious offences like rape,
murder, dacoity, etc., once
the trial commences and the
prosecution starts examining
its witnesses, the Court be it
the Trial Court or the High
Court should be loath in
entertaining the bail
application of the accused.”
7. There is no new ground to consider the bail petition
Patna High Court CR. MISC. No.80170 of 2025(3) dt.09-01-2026
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of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of three months from today. If the
trial is not concluded within the period of three months, as
stated above, the petitioner will be at liberty to renew his prayer
before the court below.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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